(a) Except as identified in subsection (b) of this section, owners and operators of one or more of the following are subject to the requirements of this chapter:
  (1) any site that is a major source as defined in §122.10 of this title (relating to General Definitions);
  (2) any site with an affected unit as defined in 40 Code of Federal Regulations Part 72 subject to the requirements of the Acid Rain Program;
  (3) any solid waste incineration unit required to obtain a permit under Federal Clean Air Act (FCAA), §129(e) (Permits); or
  (4) any site that is a non-major source which the United States Environmental Protection Agency (EPA), through rulemaking, has designated as no longer exempt or no longer eligible for a deferral from the obligation to obtain a permit. For the purposes of this chapter, those sources may be any of the following:
    (A) any non-major source so designated by the EPA, and subject to a standard, limitation, or other requirement under FCAA, §111 (Standards of Performance for New Stationary Sources);
    (B) any non-major source so designated by the EPA, and subject to a standard or other requirement under FCAA, §112 (Hazardous Air Pollutants), except for FCAA, §112(r) (Prevention of Accidental Releases); or
    (C) any non-major source in a source category designated by the EPA.
(b) The following are not subject to the requirements of this chapter:
  (1) any site that is a non-major source which the EPA, through rulemaking, has designated as exempt from the obligation to obtain a permit; or
  (2) any site that is a non-major source which the EPA has allowed permitting authorities to defer from the obligation to obtain a permit.

Source Note: The provisions of this §122.120 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective August 3, 2006, 31 TexReg 6000; amended to be effective March 4, 2010, 35 TexReg 1756; amended to be effective February 23, 2017, 42 TexReg 688